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HomeMy WebLinkAboutmin brd of selectmen 12/19/01 c::> r"V r Board of Selectmen Minutes of December 19, 2001 -. -~ ):" (J) :": l~ ::::~. )~... nti '- rr- (j¡ :--, [1"1 \-.., --i -.' -I CJ> Present: Chairman Louis P. Amoruso; Vice Chairman Bradford E. Wills; and Selectmen David W. McCarter and Daniel Donovan. Selectman McCarter served as Acting Clerk for the evening in the absence of Clerk McCue, who was ill. Town Manager John O. D'Agostino The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 26 in the amount of $2,708,731.99 Motion : To approve (Wills-Donovan) 4-0 with Selectman McCarter abstaining from Municipal r Building Committee payroll Passes . Minutes of December 12, 2001 Board of Selectmen's meeting Motion : To approve (Wills-Donovan) 4-0 Passes . Minutes of December 12, 2001 Board of Selectmen's Executive Session Motion: To approve, but not release (Wills-McCarter) 4-0 Passes The following license applications have been reviewed by the appropriate department heads and are presented for the Selectmen's review and action: Class II Auto Dealer Transport International Pool, 390 West Street - $38,535.68 plus interest in overdue excise taxes have been turned over to the Deputy Collector for collection r' Board of Selectmen Minutes of December 19, 2001 " ~ ·-·,ø '~:~4 (J (J1 t-r"", :;. :.~.r: ~.~ ...<: ~ rï (:::)0 ð o I.D . . .-...- ':") ,'1 1 r' Motion: To approve subject to the payment of the taxes by the end of the calendar year. The Town Manager read from Chapter 22 of the General By-laws regarding the issuance of licenses when taxes or municipal charges are due. (McCarter-Wills) 3-1 with Selectman Donovan opposed Common Victualler Antonia Torseillo dba Antonia's Deli (employee canteen) to be operated at 575 West Street, M-4 Motorola Building - new license Motion : To approve (Wills-Donovan) 4-0 Passes MaRiva Inc. dba D'Angelo Sandwich Shop at 260 Chauncy Street Motion : To approve (Wills-McCarter) 4-0 Passes Licenses for C. J. Scooters All Alcoholic Beverages Common Victualler Public Entertainment on Sunday Weekday Music Machine Common Victualler r Live Entertainment Weekdays Automatic Amusement Devices Motion: To approve the licenses listed for C. J. Scooters (Wills-McCarter) 4-0 Passes Letter from Peter Chan of Tahana Restaurant requesting permission to remain open until 2:00 a.m. New Year's Eve - The Police Chief has some concerns, but has approved the request with the condition that a police officer be present Motion: To approve a 2:00 a.m. closing for Tahana Restaurant on New Year's Eve with the condition they have a police officer on duty. (Donovan-McCarter) 4-0 Passes Vice Chairman Wills noted an article in the Sun Chronicle advising residents their electric bills would be reduced on average by $90 monthly-it should state annually. Also, there were 1,500 bills that went out with an incorrect due date of December 27th and it should have been January 2nd. ~ Board of Selectmen Minutes of December 19, 2001 2 ,r' George Dentino, Gladiola Terrace - spoke on comments made by Selectmen at last week's meeting regarding what they perceived as his negative remarks. He spoke of them as being hard questions that embarrass the Board. He noted his attempt is to make things more open and stated the person asking the questions should not be shut off. He spoke of requesting information a couple of weeks ago and being told the request had to be in writing and that it was a new policy. He then asked the Board about the new policy and was given a 1998 memorandum by Mr. D'Agostino dated December 5th. He passed out a copy of information that appeared to be an e- mail sent to Department heads on December 3rd which was put in his home mailbox by someone. Mr. D'Agostino replied that Mr. Dentino is not being treated any differently than anyone else, and has access to public information, which we have ten days to respond and provide the requested information. The 1998 memo was in response to a finding wherein we were notified that we could not charge $.25 per page, as was being done. Mr. Dentino noted the public records law allows instant access to review records and request copies of any public information, provided there is a person available to provide the information. Mr. D'Agostino noted we have the authority to research the information and provide an estimate of how much time will be required and at what cost the information wJ1l be provided Mr. r D'Agostino pointed out that their names were mentioned in the memorandum because 90-95% of the information requested comes from those individuals named in the memorandum. A fax was received this afternoon from the attorney for the applicant advising the Board that Vasudev Corporation withdraws their application at this time. Christine West, an applicant for the Board of Health, was present to discuss her reasons for applying to serve on this board. Ms. West stated she would like to be on the Board of Health because she's been looking for an opportunity to participate and learn more about the town, in which she's lived for three years. She spoke of her healthcare management background. She noted she would be available to meet on Thursday nights when the Board of Health meets. The function of the Board of ~ Health and their powers and duties were explained to her. Chairman Amoruso, Board of Selectmen Minutes of December 19, 2001 3 r noting on her application that she "watches Town Meeting on television" encouraged her to attend. Motion: To appoint Christine West to the Board of Health for a three-year term ending 2005 (Donovan-Wills) 5-0 Passes The Town Manager's evaluation, previously scheduled for tonight's meeting, was postponed until a full board is present. The Town Manager reported: We have completed an adverse possession claim in Boston regarding a case against Mr. Collins on Jewell Street. The judge will view the property in question and will be handing down a decision in the future. Our claim is that it is open space owned by the Town and therefore not subject to the adverse ,~ possession claim. Mr. Collins has a shed on the property and is storing old cars on it. Chairman Amoruso suggested we take an inventory of open space and post it as such, with annual inspections being done to be certain the signs are in place. Spoke of a memo from DPW Director Lee Azinheira regarding the construction of a crosswalk at Cobb and South Main Streets. It will be done within the budget at a cost of approximately $2,000. Chairman Amoruso requested the information be put together for the next meeting. Mr. D'Agostino noted the other request was for South Main and Webb Place, will be about $12,000 and will be done in the early spring. We've received certification of our tax rate from the Department of Revenue. Budget preparations are underway and we expect to have a budget ready by the first week in January, as required by the Town Charter. Chairman Amoruso advised the Board that the School Superintendent offered to provide the Board with their draft budget, but he advised him we'd be more interested in the final budget, with the preliminary budget being submitted to the Town Manager. ~ We're anticipating a major increase in health insurance costs in the coming year and have just been notified of a very significant increase in our general liability Board of Selectmen Minutes of December 19, 2001 4 r costs, for which premiums have jumped from $24,000 to $87,000. Most of the claims we've had on 111-F have been from the Fire Department, with a couple from the Police Department. He noted we and other municipalities need to look at the 12-18'Yo increases collectively. Chairman Amoruso suggested it might be an item to discuss with our Federal and State legislators. Announced the rehabilitation of the Fisher-Richardson House is on-going, with documents and bid specifications needed by February 28th. The Municipal Building Committee will be coordinating the bid process, along with the Historical Commission, and local contact individuals will be designated. Letters have been mailed to member communities of the Southeastern Regional School District and we are attempting to set up a meeting at the Mass Municipal Meeting in January. The last two years of the Senior Work Write-off program have been so successful that we are increasing the appropriation from $10,000 to $20,000 in FY2003. We feel we can meet this obligation from the overlay reserve funds available. Selectman Donovan asked if there are positions oval1able this year. r' Wished the residents of Mansfield a very healthy, safe, and love-filled holiday season. Selectman Donovan: Noted a call from a resident about being billed $500 for an ambulance trip in an emergency. The ambulance operation is supported from the receipt of fees and it and the personnel are paid from this revenue, with the general revenue covering any difference. Insurance pays a certain percentage, if not all of the charge. He explained the income criteria process of waiving the fee if there is not the abl1ity to pay. Vice Chairman Wills: Noted he did not like Messrs. Dentino, Clemmey and MacCaffrie being singled out in how they are treated when requesting information and pointed out we are here to serve the public. He noted he is not happy with the Town Manager sending out such memorandums. Chairman Amoruso stated knowing what is requested gives us a better opportunity to prepare and provide accurate ~ answers to questions raised Board of Selectmen Minutes of December 19, 2001 5 r' Spoke of the Town Manager's statement that he would not be giving department heads raises and asked how many people it would involve and how much money we're talking about, suggesting he reconsider the matter. Mr. D'Agostino noted we have serious program issues as well and we don't know the full magnitude of the issue at this point. If we have the ability to do so, we wi'll take a look at it. Chairman Amoruso noted it sends the wrong message to people who are not in the Union. Mr. D'Agostino noted non-union personnel have been treated well in the last couple of years and this is a time when we have to look at services needed by the residents. Selectman McCarter suggested non-union, non- supervisory personnel be considered for increases if they are warranted Mr. D'Agostino noted he plans to consider those things and if we have the ability to do so, we will. Selectman McCarter: Asked if the Board has to vote before a Clean-up Order is issued on the Clemmey Tank property. The Building Inspector has the power to issue such an order. We took on that role with the former Homestead property and first declared it a public nuisance. The property owner gets an order to do the clean- up, and it they do not respond, we are obligated to do it. There are two provisions within the statute. If there is a default on the judgment, we would (' have a financial responsibility to appropriate the money for the cleanup. Selectman McCarter asked if the Board of Health has the ability to order the property cleaned up as a health issue. In either scenario, we could still be responsible for the costs of cleanup. Spoke of an article in the Globe regarding stabilization funds and we looked quite healthy in comparison to other towns in the area. - Tax bills went out and the Selectmen have been receiving calls from people who are not happy about the tax increase. Although some of the criticism has been directed to the equalized rate, there are many other components that enter into the tax assessment. He questioned whether the industrial property was assessed correctly in the last revaluation. Town Manager D'Agostino noted there has not been a substantial amount of movement in the last three years on the industrial and commercial side to produce comparable values. There have been recent sales, however, with industrial property being sold for far more than their assessed value. If individuals believe their assessments are inaccurate, they have until January to apply for abatements. Chairman Amoruso noted the Board's responsibilities to be sure that those deserving of and qualifying for rebates and abatements get them. There was discussion about creating a Downtown Betterment District to improve the appearance of the downtown area. Board of Selectmen Minutes of December 19,2001 6 r Vice Chairman Wills: Noted the suit against the Clemmeys has nothing to do with the Town and questioned why we would spend money to ask for information from the attorney. The Town was involved in the suit, and that suit is still pending. Mr. Davignon is involved in that suit. r Questioned why the Water Treatment Plant is on the pending business list for January. We did not go forward with it because the Board did not feel they had enough information. Selectman Donovan noted there is a high incidence of cancer in that part of town and he thinks we need to know more about improving water quality in that area. Mr. D'Agostino noted we may have lost our eligibility for grant money by not moving forward with it, and we need to explore the matter further. Chairman Amoruso noted we need to talk about the issues, including the quality of the pipes--that we should know about and the public should be aware of also. There is a lot of manganese in the water coming from the Dustin Well We do check them on a regular basis and all our wells meet DEP drinking water standards. Dustin, Albertini and Prescott Wells need to be flushed on a regular basis. Chairman Amoruso wished everyone a happy holiday season. Motion: To adjourn at 9:35 p.m. (Donovan-Wills) 4-0 Passes ¿i~«I.øt \./' Signature of Clerk d ~AN OQ Date of Approval r' Board of Selectmen Minutes of December 19, 2001 7